Minor v. Pursglove Coal Mining Co.

Woods, Judge:

Plaintiffs pray for a discovery by defendant Pursglove Coal Mining Company of the tonnage of coal mined by it as assignee of defendant Gilbert-Davis Coal Company, now a bankrupt. The sufficiency of the bill, demurrer to which was sustained, is here on certificate. The primary question presented relates to the construction of the instrument under which the Gilbert-Davis Coal Company claimed. Is it a sale or a lease ?

The instrument above referred to bears date September 1, 1925. By its terms it purports to “lease and let” to E. H. Gilbert and R. M. Davis (incorporators of…